Hfo CCJ/Charging Order taken over by link

[eddymced]

I have just received a letter from turnbull solicitors (working for HFO!).

 

They state they have now obtained a charging order on my property.

 

They took me to court early last year and I sent a defence to the courts

but could not take it any further because Turnbull refused to give me any information requested.

The proceedings went ahead regardless

 

then I had notice that they were applying for a charging order.

I immediately applied to set the judgement aside and

 

after 2 months had the court papers returned informing me that the case had been moved to another court.

I immediately forwarded the papers to the new court and heard nothing more

(this was in November of last year).

 

in the post today a letter arrived informing me that a charging order had been granted in court!

 

Help - what can I do?

I have continually requested all the usual information from turnbull

and HFO and have only ever been sent coloured photocopies

of deed of assignment from Barclays and a photocopy of my application for a credit card

but not a lot else! What do I do next????

[stuscfc]

Contact the court that issued the charging order and explain what has happend but im sure someone will be here soon to provide more help.

[harrassed senior]

The first problem here is that once a Judgement has been obtained it is almost impossible to get it set aside by the CCA route. I am very much afraid that this is an example of the very bad behaviour of these DCA's and of a decision to ignore them.

 

I truely hope that someone with much more experience and knowledge will be along to offer some hope and help.

[the_shadow]

You need to re-apply to get the original CCJ set aside asap.

 

You need to let us know the application details of your previous set-aside attempt as I dont think you can use the same reason twice.

 

Did you sent the notes to the court by recorded/special delivery? Do you know if they received them or not? Did you ever receive anything? Have you received from the court the judgement order?

 

If you havent received it from the court, give them a ring and ask for a copy of the judgement

 

I would send off a SAR to the original credit owner to request statements/copies of default notice/termination letter/cc application etc.

 

S.

[lilly white]

On Your Credit Card.

 

Where There Charges Ppi.

 

We Need A Reason To Set The Ccj A Side Somthing We Can Use To Counter Claim We Need Details.

 

Where You Out Of The Counrty Ill.

[popeye1]

Have the new letters come from the courts [ i am not sayind that the DCA could be trying nasty tricks cos we know they donot do that sort of thing ] if so contact the court and get all the info you can

[Guest blackie]

Did you ever get any help with the charging order. I wrote to these B.....ds requesting statements, deed of assignment and credit agreement. They slapped a charging order on me very quickly, by the time I received the paperwork from them the land registry said it was too late to object. However I wrote to them recorded delivery in November 2008 advising I intended to get the CCJ overturned and I have not heard a word from them until today, when they have written asking me if I want to pay monthy. The debt was orginally £3,000 but with their charges etc it came to over £5,000.

[eddymced]

I have today received a letter from Turnbull stating that due to HFO not being able to contact me,

then they are going to enforce their Charging Order and force the sale of my property.

 

I have had dealings with HFO over the past 3 years claiming that they had taken over a debt from Barclaycard.

After much abuse they have constantly failed to supply me with a true copy of my original credit agreement

and all the usual stuff this wonderful website has advised us "debtors" obtain.

 

I then had notification that this matter was going to court and I duly sent off my defence

stating that HFO had failed to supply me with the correct information and documentation.

 

I then received the papers back with a note from the court stating that the hearing

was now being held at a different court,

 

so once again I sent off the paperwork that had been returned to me.

 

I had no notification of the new hearing date or indeed never heard anything more,

apart from a notice from Land Registry stating that HFO had notified them that

they were going to apply for a charging order. Land Registry advised me that

should a charging order be obtained then they would notify me immediately.

 

No notification from either Land Registry or the Court came through.

I then received a unheaded letter from HFO stating that a charging order had been obtained.

I requested a copy of the charging order and all went quiet for several months until today

when this letter and copy notice arrived through the post. HELP.

 

What do I do now? I cannot afford to lose my house .....

I really do need advice on what do next anyone?????

Also, the majority of the outstanding "debt" is in fact charges made by Barclaycard

and charges and interest added by HFO.

[42man]

Have you contacted the court ? If they have then you need to set aside the judgment ASAP... (if indeed they have got a CCJ against you).... - Removal of CCJ's - Step by step guide to the process

[AndyOrch]

Hi Eddy

 

An Order for sale is the way to enforce a Charging Order, it would allows the claimant the right to take possession of the property and to sell it so that they can recover the monies within their charge. The process is applied via Part 73.10 CPR. For jointly owned property the court would also have to consider the Trust of Land and Appointment if Trustees Act 1996 (TLATA). S15 of TLATA outlines criteria which may give some protection against an Order for Sale.

 

Defending an Order for Sale

Responding to a claim

Under CPR 8.30

The defendant must

(a) file an acknowledgment of service in the relevant practice form not more than 14 days after service of the claim form; and

(b) serve the acknowledgment of service on the claimant and any other party.

(2) The acknowledgment of service must state –

(a) whether the defendant contests the claim; and

(b) if the defendant seeks a different remedy from that set out in the claim form, what that remedy is.

 

Regards

 

Andy

Edited November 3, 2009 by supasnooper
Removed OP original question from post

[eddymced]

Thank you for tht 42man - I have completed the N244 form and will post today. Do I need to contact Turnbull solicitors?

[42man]

Whoa steady Eddy....what did the court say ? Have you infact been given a CCJ and/or a charging order ?

[eddymced]

What I have been sent by Turnbull is a Final Charging Order in Guildford County Court granted on 7th Jan 2009. It is stamped by the court. It states that the court orders the charged created by the order made on 6th NOvember 2008 (?) shall continue. The interest of the defendant in the asset (ie my house!) charged with £5,974 owing under judgement given on 15th August 2008 (?) with any further interest becoming due and costs of the application. Then it schedules my address and title number.

[DonkeyB]

You also need to do some work to get the original CCJ set aside - you have good grounds. I'd suggest you ring the original court and try to find out what happened to the claim (use the original claim number as reference) and why judgment was entered against you when you had entered a defence (if, indeed, it actually has been). Come back and tell us what you find out - if you get the judgment set aside, the CO will also be removable.

 

But you need to defend the enforcement of the CO, as andyorch suggests.

[eddymced]

Thanks for that but do I need to respond to these low life solicitors?

 

Okay - the court tell me that their records show that my defence was not recieved (I still have the photocopies here!) and so no defence plea was heard. Where do I go from here?

[DonkeyB]

Did you send it recorded? And did you send it to the court, rather than to Turnbullsh1t Rutherford?

 

Can you explain what happened with the change of court? Could the documents have gone to the wrong court? Any detail would help.

 

Also, have you moved recently? It's odd that you did not receive a notice of the court's judgment, even if it was in default.

[eddymced]

May have sent it to Turnbull, really cannot remember. A CCJ was entered against me for the original debt with Barclaycard and then Turnbull went for blood and applied for a charging order without any further contact with me. The first I knew was when I received the documents from the court, so I immediately sent off my defence. About 3-4 weeks later, the court returned my defence with a compliment slip stating the hearing was now being held at Guildford County Court and no other details. I found out the address of Guildford County Court and duly forwarded on my defence to them. I never heard another thing from any court at all! And no, I have not moved.

[supasnooper]

Why is this thread posted under my name Snoops?

 

"Last edited by supasnooper; Today at 12:57."

 

Regards

 

Andy

 

Just trying to sort this out as the OP has two threads on the same subject.

 

[supasnooper]

Threads merged. Will the OP please keep to one thread.

[eddymced]

Sorry, thought I had deleted the other ...

[Guest blackie]

hi I am also dealing with these predators, Turnbull Rutherfords, by the way are based in the same office as HFO. HFO phoned threatening all sorts, what they could do to my family, it was a time when my I had brought my father home from hospital to die. The phone calls were horrible sometimes as late as 9.30pm at night, from a Mr DeSilva. In the end had our phone disconnected, jstu wanted it to go away. Have to admit I ignored things. One thing followed another, father died, husband taken seriously ill, he had to pack in work due to ill health. Things are a little better now and thanks to sites like this I am starting to claim my life back. Have written to Turnbull Rutherfords several times, requesting CCA, they go quiet for a bit,then send a letter saying they can make an attachment of my earnings, I write back requesting CCA they ignore and go quite. Now going to apply to get CCJ set aside. Don't let these predators win, make sure that your case is not heard in Wansworth. Apply for it to be transfered to a court near you.

[eddymced]

Could someone please clarify whether I need to apply for the original judgement against me or the charging order to be set aside or both and, also, please, whether I need to respond to HFO's solicitors? Many thanks:confused:

[42man]

At a charging order hearing it is 99% normal that ONLY the charging order is heard....HOWEVER, if you attempt to set aside the original CCJ then it is usually heard at the same time...so basically what you have to do is challenge the original CCJ....if you don't then only the charging order will be heard - Removal of CCJ's - Step by step guide to the process

[eddymced]

thank you

 

Just a thought, HFO have never been able to produce a CCA despite my many attempts to obtain one from them - all they have produced is a copy of my application form to Barclays dated in 1993. Surely, no CCA actually exists then?

[DonkeyB]

Almost certainly that is the case. It's only recently that idiots like Barclaycard actually got their paperwork in order and got people to sign the correct kind of contract/paperwork. It's their own fault for drafting such useless so-called 'agreements' in the first place. You're often asking for something you know they cannot produce, because you would never have signed one because they didn't actually produce them for anyone to sign way back then.

 

Stuff the moral argument - you know damn well they'd be dragging you through court if the paperwork was in order.